SR 08-22-2023 10E
City Council
Report
City Council Meeting: August 22, 2023
Agenda Item: 10.E
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To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration
Subject: Introduction and First Reading an Ordinance Amending Santa Monica
Municipal Code Chapter 3.24 to Regulate Retail Firearm Sales, Establish
Additional Firearm Owner Responsibilities, Restrict Weapon Usage on City-
Owned Property and Other Locations, Establish a Voluntary Commitment
Program, and Ban Non-Serialized Firearms in the City
Recommended Action
Staff recommends that Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section
15061(b)(3) (Common Sense Exemption) of the California Environmental Quality
Act (CEQA) Guidelines; and
2. Introduce for first reading an ordinance amending Santa Monica Municipal Code
Chapter 3.24 to regulate retail firearm sales, establish additional firearm owner
responsibilities, restrict weapon usage on City-owned property and other
locations, establish a voluntary commitment program, and ban non-serialized
firearms in the City.
Executive Summary
Pursuant to Council’s direction on June 13, 2023, the City Attorney’s Office, in
conjunction with the City Manager’s Office and the Police Department, offer for
introduction an ordinance that will: (1) impose additional regulations on firearms retailer s
in the City to record firearms and ammunition sales, store firearms in a secure manner,
and restrict the admittance of unaccompanied minors where firearms are sold; (2)
restrict certain weapons, including firearms, on City-owned property and other locations;
(3) establish additional responsibilities for firearm owners, including requiring liability
insurance, establishing firearm safe storage obligations in residences and vehicles, and
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requiring firearm owners to report a lost or stolen firearm within 48 hours of discovery;
(4) establish a voluntary firearm commitment program; and (5) ban the possession,
sale, or transfer of non-serialized weapons, also known as “ghost guns.”
Discussion
The City of Santa Monica is not immune from the dangers caused by the proliferation of
firearms in society. Each year, dozens of residents, workers, and visitors are victims of
crimes committed using firearms. This includes those obtained legally, but primarily are
unregistered, listed as stolen, or ghost guns with no serial number to be able to trace.
Being a crime victim can be damaging enough, but the addition of a firearm, whether or
not it was fired, creates another layer of trauma not just for the victim but for witnesses
and the community. The charts below represent just three categories of crimes wherein
guns were used; there are additional categories of penal code violations for possessing
and brandishing firearms that were not included here but do occur within city limits.
Incidents Involving Guns 2018 2019 2020 2021 2022 2023
Robbery (Part I Crime)32 48 29 21 38 10
Aggravated Assault (Part I Crime)23 23 26 30 37 18
Weapons Possession (Part II Crime)16 24 19 7 22 17
TOTAL 71 95 74 58 97 45
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Santa Monica has also had multiple instances over the years of guns being reported
stolen, primarily from residences during burglaries and vehicles parked within city
boundaries. The department also locates stolen guns during investigations on an
irregular but relatively frequent basis. In 2 022, the SMPD booked 43 real and 28 fake
firearms as evidence, found 21 real and 11 fake firearms, took one lost firearm report,
and took theft reports for five real and two fake stolen firearms.
Currently, the City has one firearm retailer – Big Five Sporting Goods (Big Five), which
is located on 3121 Wilshire Blvd. During the civil unrest on May 31, 2020, a group of
individuals stole large amounts of property from the Big Five, including 29 rifles and
shotguns. Detectives from the Police Department collaborated with the US Department
of Alcohol, Tobacco and Firearms in the investigation. As of now, none of the suspects
have been identified and the firearms are still outstanding.
On June 13, 2023, Council unanimously approved a 16 -item sponsored by
Councilmembers Torosis, Davis, and Zwick, which directed the City Manager and the
City Attorney to return to Council within 60 days with an ordinance that restricts the sale
of firearms in the City and proposes additional gun owner responsibilities based on best
practices from other jurisdictions, stakeholder engagement, and consultation with
subject matter experts.
Pursuant to Council’s direction, the City Attorney’s Office has reviewed local firearms
regulations and prepared the attached ordinance which: requires firearm retailers in the
City to videotape all firearm sales and provide continuous video and audio surveillance
of where guns are stored, imposes additional safe storage requirements for firearm
retailers, restricts minors and other prohibited purchasers from entering firearms
retailers, restricts the use of certain weapons, including concealed carry firearms, on
City-owned property and other locations, requires liability insurance for firearm owners,
regulates the safe storage of firearms in residences and vehicles, creates a duty to
report a lost or stolen firearm within 48 hours, establishes a voluntary commitment
program, and bans the possession, sale, or transfer of ghost guns.
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Policy Considerations
Shootings following theft or wrongful acquisition of firearms left unsecured (including by
minors) can be addressed by securing firearms appropriately, whether in a residence or
vehicle. There is always the possibility that a firearm lost or stolen in Santa Monica can
be used to commit a crime within the City with a resident, worker, or visitor as the victim.
The City has many attractions that attract large crowds, including the beach, Pier, and
Promenade—the addition of an ill-gotten and uncontrolled firearm can be particularly
dangerous given the potential for bystanders to be hit and the difficulty in escaping a
crowded area if shooting commences. It is also much more difficult for law enforcement
to identify and control a shooting suspect in a large group setting.
In households in which a resident believes another resident may be a danger to anyone
because of firearms in the home, providing a location for a resident to remove firearms
from the home and securely store temporarily may help to prevent gun violence. Under
most circumstances, the police department can provide this service to residents who
request assistance.
The City has discussed the proposed ordinance with the Giffords Law Center.
Firearm Dealer Regulations – Safe Storage Requirement, Video and Audio Surveillance
Requirement, Prohibitions Against Unaccompanied Minors
The proposed ordinance would require firearms dealers to store firearms and
ammunition in a secure manner so that the firearms and ammunition are not accessible
to anyone other than authorized employees. Option s for meeting this requirement
include: a “secured facility” with a deadbolt lock as provided in Penal Code § 17110, a
locked fireproof safe, or vault.
The proposed ordinance requires firearm dealers to have a video surveillance system
approved by the Chief of Police. The system must record and continuously monitor the
areas where firearms or ammunition are stored, sold, transported, or transferred. The
video system would be required to have the capability to record the facial features of a
purchaser or transferee and record the voices of a purchaser or transferee engaging
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with a firearm dealer’s employees. The video system must be maintained in proper
working order and repaired or replaced within 14 days if it becomes inoperable. Upon
request, a firearm dealer must provide access to the Chief of Police of any video and
audio recordings. The proposed ordinance requires a firearm dealer to comply with
certain signage requirements providing notice of the video and audio recording to
customers. The proposed ordinance authorizes the Chief of Police to issue
administrative regulations relating to these retail security requirements.
The proposed ordinance restricts the admittance of unaccompanied minors and other
prohibited purchasers from entering a firearm retailer. For businesses that engage in
more than the sale of firearms and ammunition, the proposed ordinance allows
unaccompanied minors to enter the premises as long as physical and operational
safeguards are used to prevent unaccompanied minors of being within 10 feet of where
firearms, ammunition, and firearms related accessories are sold. The physical and
operational safeguards must be approved by the Chief of Police or designee before
unaccompanied minors are allowed to enter the premises.
Weapons Restrictions on City Property and Other Areas
Subject to certain exceptions, the proposed ordinance would prohibit possessing,
displaying, brandishing, or using certain weapons, including a firearm, on City property
and certain areas including:
• Any City owned or leased building (excluding garages and parking lots open to
the public)
• The Pier
• Any facility where alcoholic beverages are consumed on the premises
• Churches and other places of worship (unless the church or place of worship
designates otherwise)
• Sporting events, concerts, shows, farmer’s markets, and other community events
• Where First Amendment protected speech is being conducted
• Public parks and the beach (with certain exceptions for passing through)
• Hospitals and clinics
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• Private property where the owner has prohibited firearms
The Chief of Police is authorized to seize and impound any weapons possessed or
used in violation of the proposed ordinance. As provided in the ordinance, the Council,
by resolution, or the City Manager, by administrative regulation, are authorized to
establish further security regulations and exceptions to these requirements.
Additional Gun Owner Responsibilities – Liability Insurance, Safe Storage, Duty to
Report Theft or Loss
The proposed ordinance would create additional responsibilities for firearm owners. For
example, the proposed ordinance requires firearms owners to obtain liability insurance
covering losses or damages resulting from any negligent or accidental use of a firearm.
In addition, the proposed ordinance establishes a requirement to store firearms in a
locked container or secured using a firearm safety device when firearms are held in a
residence or vehicle in the City. The proposed ordinance requires firearm owners to
report a lost or stolen firearm within 48 hours.
Voluntary Commitment Program
The proposed ordinance would establish a voluntary commitment program that would
allow the Santa Monica Police Department to store a firearm when a resident believes
that another person who resides in the same res idential unit may present an immediate
danger to themselves or others. The proposed ordinance provides for the return of
committed firearm upon request and proof of ownership. When the Chief of Police
determines that a committed firearm is illegal to be owned or possessed, the proposed
ordinance establishes an appeal procedure (first to the Chief of Police through an
informal appeal process, and second to a Court through petition) for the owner to
demonstrate that the firearm may be lawfully owned or posses sed.
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Ghost Gun Ban
Subject to certain exceptions, the proposed ordinance would prohibit the possession,
purchase, transport, receipt, or sale of non-serialized firearms in the City.
Environmental Review
The proposed ordinance is exempt from the provisions of CEQA pursuant to Section
15061(b)(3) of the CEQA Guidelines (common sense exception) which states that
CEQA does not apply “where it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on the environment.” The
ordinance involves establishing regulations for firearm safety , and therefore, it can be
seen with certainty that there is no possibility that the proposed ordinance regulating
firearms may have a significant effect on the environm ent.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary to implement the
proposed ordinance.
Prepared By: Bradley Michaud, Principal Legal Analyst
Approved
Forwarded to Council
Attachments:
A. ORD-PD-Firearms 2023.0822 1st
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City Council Meeting: August 22, 2023 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 3.24 CONCERNING
REGULATION OF FIREARMS
WHEREAS, the Constitution of the United States of America affords certain
protections to the ownership of firearms; and
WHEREAS, the United States Supreme Court has recognized that the
Constitutional protections related to firearms ownership are not unlimited, and can be
subject to certain types of governmental regulations; and
WHEREAS, a city’s police power includes the power to regulate firearms and many
courts throughout the nation have upheld local regulations related to the ownership or
possession of firearms; and
WHEREAS, unsecured firearms in retail spaces, residences, and vehicles have
been stolen or carelessly left where unauthorized individuals have had access to them,
resulting in injuries and death to others; and
WHEREAS, firearm injuries have a significant adverse public health and safety
impact nationally, in the State of California, and locally; and
WHEREAS, Chapter 3.24 of the Santa Monica Municipal Code provides for certain
regulations for the sale and use of firearms.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS (new text underlined):
SECTION 1. Santa Monica Municipal Code Section 3.24.031 is hereby amended
to read as follows:
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3.24.031 Firearms Dealer Permit - Conditions.
Any firearms dealer permit issued pursuant to this Chapter shall be subject to all
of the following conditions:
(a) The permittee shall comply with all Federal and State laws concerning the
operation of the permitted business including, but not limited to, California Penal Code
Sections 12071(b)(3) - (14), 12072, 12073, 12074, 12076, 12077 and 12082. To the
extent the provisions of this Chapter impose more stringent requirements than those
contained in State or Federal law, these local provisions shall prevail.
(b) The business shall be carried on only in the building located at the street
address shown on the City of Santa Monica permit.
(c) The permittee shall keep complete and current records of all firearms
transactions. In addition to the requirements of California Penal Code Sections 12073,
12076 and 12077, permittee shall must also keep a complete current inventory of all
firearms in stock. This inventory shall include an entry for each weapon, with the
classification, serial numbers, and any other information that is required by the Chief of
Police for the tracking of the chain of ownership of the firearm.
(d) The permittee shall maintain records of ammunition sales in compliance
with the provisions of Chapter 3.25 of this Code.
(e) The premises at which the business is to be operated shall contain all
security measures reasonably required by the Chief of Police, which shall include, but not
be limited to:
(1) The provision of secure locks, windows and doors, adequate lighting,
and such fire and theft alarms as specified by the Chief of Police.
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(2) The storing of all firearms and munitions on the premises out of reach
of customers in secure, locked facilities, so that access to firearms and munitions
shall be controlled by the dealer, or employees of the dealer entrusted to handle
firearms, to the exclusion of all others as provided herein and in any administrative
regulations issued by the Chief of Police;
(3) At all times, every firearm shall be stored in a secured facility within
the meaning of Penal Code Section 17110 or in a locked fireproof safe or vault in
the permittee’s business premises that meets the standards for a gun safe
implemented by the Attorney General pursuant to Penal Code Section 23650 and
which is approved by the Chief of Police or designee, so that the firearms are not
visible or accessible anyone other than authorized permittee employees;
(4) No firearm shall be removed from the secured facility except by an
authorized employee for inspection by a customer for sale or transport;
(5) All ammunition shall be stored so that it is inaccessible to the public
and secured using one of the methods mentioned in Section 3.24.031 (e)(3), and
shall not be removed from the secured facility except by an authorized employee
for inspection by a customer or for sale or transport.
(f) The permitted business location shall be monitored by a video surveillance
system approved by the Chief of Police and that includes cameras, monitors, digital video
recorders, audio recorders, and cabling, if necessary, to meet the requirements below:
(1) The interior and exterior of the permitted business facility shall be
monitored. The number and location of the cameras are subject to the approval
of the Chief of Police. At a minimum, the cameras shall be sufficient in number
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and location to monitor the areas of the business premises where firearms or
ammunition are stored, sold, transported, or transferred, including, but not limited
to, all counters, safes, vaults, cabinets, cases, entryways, and parking areas.
(2) The video surveillance system shall operate continuously, without
interruption, whenever the permittee is open for business. Whenever the permittee
is not open for business, if not operating continuously, the system shall be
triggered by a motion detector and begin recording immediately upon detection of
any motion within the monitored area.
(3) The sale or transfer of a firearm or ammunition shall be recorded by
the video surveillance system in such a way that the facial features of the
purchaser or transferee are clearly visible. The video surveillance system or, if
applicable, audio recording system, shall record the voices of the purchaser or
transferee and the permittee or permittee’s employees in such a way that the
voices will be clearly audible when replayed.
(4) The video surveillance system must be maintained in proper working
order at all times. If the system becomes inoperable, it must be repaired or
replaced within 14 calendar days. The permittee must inspect the system at least
weekly to ensure that it is operational, and images are being recorded and retained
as required by the Chief of Police. The permittee shall allow the Chief of Police, or
designee, to inspect the video surveillance system and audio recorder to ensure
operability.
(5) The stored video and audio recordings shall be maintained on the
business premises of the permittee for a period not less than 30 days from the date
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of recording and shall be made available and accessible to the Chief of Police or
other law enforcement agency designated by the City Manager immediately upon
request for review and copying, without the need for a search warrant, subpoena,
or court order.
(6) Except as provided in Section 3.24.038(d), the permittee shall post a
sign in a conspicuous place at each entrance to the premises that states in block
letters not less than one inch in height:
THESE PREMISES ARE UNDER VIDEO AND AUDIO SURVEILLANCE - YOUR
IMAGE AND CONVERSATIONS MAY BE RECORDED AND PROVIDED TO
LAW ENFORCEMENT.
(g) Permittee shall cause to be obtained, and keep in full force and effect a
policy of insurance in such form as the City deems proper, executed by an insurance
company approved by the City whereby the permittee is insured against liability for
damage to property and for injury to or death of any person as a result of the sale, transfer,
or lease, or offering or exposing for sale, transfer or lease, of any firearm. The minimum
liability limits shall not be less than one million dollars for damage to or destruction of
property in any one incident, and one million dollars for the death or injury to any one
person. Such policy of insurance shall contain an endorsement providing that the policy
will not be canceled until notice in writing has been given to the City, addressed in care
of the Risk Manager, 1717 4th Street, Santa Monica, California 90401, at least thirty days
immediately prior to the time such cancellation becomes effective. Upon expiration of any
such policy and if no additional insurance has been secured prior to the expiration thereof
in the manner provided for the initial securing of a permit under this Chapter, the permit
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shall be deemed canceled without further notice or opportunity to be heard.
(h)(g) The permittee shall consent to the City’s inspection of the business
premises and records for the City to establish continued compliance with the terms of the
permit, and in accordance with Section 3.24.036 of this Chapter.
(i)(h) The permit shall not become effective until the permittee has obtained all
other permits required by Federal, State or local law including, but not limited to, a
business license and zoning and building permits. Violations of this section may result in
a permit being revoked.
(j) The Chief of Police may issue administrative regulations consistent with this
section.
SECTION 2. Santa Monica Municipal Code Section 3.24.038 is hereby added to
read as follows:
3.24.038 Restricted Admittance of Minors and Other Prohibited Purchasers.
(a) Except as provided in paragraph (d) below, no permittee or any of the
permittee’s agents, employees, or other persons acting under the permittee’s authority
shall allow any person under 18 years of age to enter into or remain on the premises
unless accompanied by the minor’s parent or legal guardian.
(b) The permittee and any of the permittee’s agents, employees, or other
persons acting under the permittee’s authority shall be responsible for requiring clear
evidence of age and identify of persons to prevent the entry of persons not permitted to
enter the premises pursuant to Section 3.24.038(a) by reason of age. Clear evidence of
age and identity includes, but is not limited to, a motor vehicle operator’s license, a state
identification card, an armed forces identification card, U.S. passport, or any similar
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documentation which provides reasonable assurance of the identity and age of the
individual.
(c) No permittee or any of the permittee’s agents, employees, or other persons
acting under the permittee’s authority shall allow any person to enter into or remain on
the premises who the permittee or the permittee’s agents, employees, or other persons
acting under the permittee’s authority knows or has reason to know is prohibited from
possessing or purchasing firearms pursuant to federal, state, or local law.
(d) Notwithstanding the foregoing, a permittee that sells goods other than
firearms or ammunition may allow an unaccompanied minor into the premises provided
that the permittee uses physical and operational safeguards to prevent an
unaccompanied minor from being within 10 feet of where firearms, ammunition, and
firearm related accessories are stored or available for inspection. A permittee’s physical
and operational safeguards as required by this section shall be approved by the Chief of
Police, or designee, before unaccompanied minors are allowed into the premises. A
permittee operating pursuant to this section must install signage in a conspicuous place
in the area where firearms or ammunition are available for inspection or stored that states
in block letters not less than one inch in height:
THESE PREMISES ARE UNDER VIDEO AND AUDIO SURVEILLANCE - YOUR
IMAGE AND CONVERSATIONS MAY BE RECORDED AND PROVIDED TO
LAW ENFORCEMENT.
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SECTION 3. Santa Monica Municipal Code Section 3.24.086 is hereby added to
read as follows:
3.24.086 Use and Possession of Weapons.
(a) No person shall discharge a firearm into or within the City, except as
provided in Section 3.24.010.
(b) No person shall propel any object by a sling shot, bow, or other instrument
commonly used or which is designed for the throwing or projecting of any object such as
a bullet, shot, rock, stone, arrow, or other projectile. This subsection shall not prohibit the
use of pitching machines or similar devices that propel baseballs, footballs, tennis balls,
and similar items that are being used for their intended purpose at sports facilities.
(c) No person shall hunt wildlife with any weapon described in this section.
(d) No person under the age of eighteen years shall have in their possession
any firearm within the City unless they, at all times during the possession, (1) have on
their person the written consent of their parent or legal guardian, or (2) are accompanied
by their parent or legal guardian, or (3) are participating in and going to and from an
organized, lawful recreational or competitive shooting activity or lawful hunting activity.
As used in this subdivision (d), “firearm” means any firearm as defined in California Penal
Code Section 16520(a), except: (i) a B-B gun device as described in California Penal
Code Section 16250; or (ii) any other firearm the possession of which by minors is
regulated by State law.
(e) This section shall not be deemed to make punishable the act of carrying or
discharging a weapon in the lawful discharge of the duties of a public officer or private
person duly licensed therefor; this section shall not be deemed to make punishable the
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act of discharging a weapon in the lawful act of self-defense or defense of other persons.
(f) This section shall not apply to the keeping of lawful weapons at a place of
business or residence by a person eighteen years of age or older lawfully in possession
of the weapons and lawfully in possession of the property.
(g) This section shall not apply to the keeping or use of weapons on the
premises of any lawful shooting gallery, practice range, skeet field, archery range, or
similar place conducted at a fixed location and with regard to which adequate safeguards
have been provided to protect persons and property from injury and pursuant to any
applicable permits or governmental approvals required by the City.
(h) No parent, guardian, or any adult person having the control, custody, or
charge of any person under the age of eighteen years, shall knowingly permit, allow, or
let said person to use or possess a weapon in violation of this section.
(i) No person, including those with a valid concealed carry weapon license,
shall bring into, possess, display, brandish, or discharge a weapon, as defined in
California Penal Code Section 171b, including a concealed weapon, in or upon any of the
following facilities or areas:
(1) Any City owned or leased building or other facility, excluding City
owned or leased parking garages and parking lots open to the public;
(2) The Santa Monica Pier;
(3) Any facility open to the public in which alcoholic beverages are
consumed on the premises;
(4) Churches and other places of worship unless the operator of the
church or place of worship clearly and conspicuously posts a sign at the entrance
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of the building indicating that concealed carry weapon license holders are
permitted to carry firearms on the property;
(5) Sporting events, concerts, shows, farmer’s markets, and other
community events;
(6) Any public area in which First Amendment protected speech
activities, labor picketing, demonstrations, or protests are being conducted;
(7) Public parks and the beach, except to the extent a person lawfully in
possession of a weapon may be continuously passing through the periphery upon
a public sidewalk or street;
(8) Hospitals and clinics, as defined in Santa Monica Municipal Code
Section 9.51.030(A)(8);
(9) Within or upon any privately owned property in which the owner or
legal occupant has prominently posted signage at the entry points prohibiting
firearms;
(10) For any activity for which a film permit is required pursuant to
Municipal Code Section 6.110.030, no live ammunition nor firearm capable of firing
live ammunition shall be possessed in the filming area. “Live ammunition” means
a cartridge consisting of a case, primer, propellant powder, and a metallic
projectile; “live ammunition” does not include simulated, paper, or marking
ammunition.
(j) This section shall not apply to the following:
(1) Sworn law enforcement personnel on duty;
(2) Sworn law enforcement personnel off duty, upon showing law
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enforcement identification upon entry or demand;
(3) Armed security under contract with the City and pursuant to the terms
of the contract, or as may be permitted by the Chief of Police; and
(4) Retired law enforcement officers authorized to carry weapons
pursuant to 18 U.S.C. 926C, with proper identification.
(k) The Council, by resolution, and/or the City Manager, by administrative
regulation, may provide for and publish further security regulations and/or exceptions to
implement this section, including, but not limited to, posting of signage to provide notice
of these regulations.
(l) The Chief of Police is authorized to seize and impound any weapon which
is kept, possessed, or used in violation of this section, or the ammunition or projectile
thereof, and to hold the same for a period of up to thirty days or until claimed by its owner.
Such articles may not be returned to any person under the age of eighteen years but may
be returned that person’s legal guardian or parent.
(m) This section shall not be deemed to make punishable an act or acts which
are expressly allowed or preempted by any law of the State or the United States
Constitution.
(n) Enforcement and Penalties. A violation of this section is a misdemeanor,
which shall be punishable by a fine not exceeding five hundred dollars, or by
imprisonment in the county jail for a period not exceeding six months, or by both such fine
and imprisonment. Any person who violates this section shall be subject to administrative
fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of this Code. The
remedies provided in this section are not exclusive, and nothing in this section shall
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preclude the use or application of any other remedies, penalties, or procedures
established by law.
SECTION 4. Santa Monica Municipal Code Section 3.24.087 is hereby added to
read as follows:
3.24.087 Liability Insurance Requirements for Firearms.
(a) A person who resides in the City and owns or possesses a firearm in the
City shall obtain and continuously maintain in full force and effect a homeowner’s
insurance policy, renter’s insurance policy, firearms liability policy, or other liability
insurance policy from an admitted insurer or insurer as defined by the California Insurance
Code, specifically covering losses or damages resulting from any negligent or accidental
use of the firearm, including but not limited to death, injury, or property damage.
(b) For purposes of this section, a person shall be deemed to be the owner or
in possession of a firearm, even if such firearm is lost or stolen, until such loss or theft is
reported to the police department or sheriff for the jurisdiction in which such person
resides.
(c) Any person subject to this section shall obtain the required insurance within
ninety days of the effective date of this ordinance.
(d) This section shall not apply to the following:
(1) Those persons designated as peace officers pursuant to Chapter 4.5
of Title 3 of Part 2 of the California Penal Code Section 830, et seq.), including
sworn peace officers, active reserve peace officers, and retired peace officers.
(2) Those persons eligible to proceed without paying court fees and
costs pursuant to California Government Code Sections 68632 (a) and (b).
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(e) Each person required to maintain insurance under this section shall
demonstrate compliance with the insurance requirement by completing and executing an
attestation form provided by the City. Each such person shall state the name of the
insurance company issuing the policy and the number of the insurance policy on the
attestation form, sign the form under penalty of perjury, and keep the attestation form with
the firearms where they are being stored. There is no requirement to submit the
attestation form to the City; however, the attestation form shall be made available for
inspection by a law enforcement official in the event a firearm owned by or in possession
of a person required to maintain the attestation form is fired or brandished within the City,
except when fired pursuant to Section 3.24.086(g), or lost or stolen. A new attestation
form signed under penalty of perjury shall be completed in the event any of the information
on the form changes.
(f) Any person who violates any provision of this section shall be guilty of an
infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars, or
a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars,
or by imprisonment in the county jail for a period not exceeding six months, or by both
such fine and imprisonment. Any person who violates this section shall be subject to
administrative fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of
this Code.
(g) The remedies provided in this section are not exclusive, and nothing in this
section shall preclude the use or application of any other remedies, penalties or
procedures established by law.
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SECTION 5. Santa Monica Municipal Code Section 3.24.088 is hereby added to
read as follows:
3.24.088 Safe Storage of Firearms.
(a) As used in this section, the following definitions will apply:
(1) “Locked Container” means a secure container approved by the
California Department of Justice for the storage of firearms, which is fully enclosed
and locked by a padlock, key lock, combination lock, or similar locking device. A
locked residence, room, closet, or locked vehicle, glove box, center console, or
trunk alone shall not be considered a “locked container” for purposes of this
section.
(2) “Firearm Safety Device” means a device, such as a trigger lock or
cable lock, that is listed on the California Department of Justice’s roster of
approved firearm safety devices and that is identified as appropriate for that firearm
by reference to either the manufacturer and model of the firearm, or to the
physical characteristics of the firearm that match those listed on the roster for use
with the device, which shall prevent the firearm from being discharged while
secured.
(3) “Residence” means any structure intended or used for human
habitation, including, but not limited to, houses, condominiums, rooms, in-law units,
motels, hotels, single room occupancies, time-shares, garages, storage facilities,
and recreational or other vehicles in which human habitation occurs.
(4) “Vehicle” means any automobile, truck, bus, trailer coach,
recreational vehicle, trailer, motorcycle, or vessel.
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(b) No person shall keep a firearm within or upon a Residence or Vehicle unless
the firearm is:
(1) Stored in a Locked Container or secured with a Firearm Safety
Device;
(2) Carried on the person of the owner or other lawfully authorized user
of the firearm who is over the age of 18; or
(3) Within close enough proximity and control that the owner or other
lawfully authorized user of the firearm who is over the age of 18 can readily retrieve
and use the firearm as if carried on the person.
(c) Any person who violates any provision of this section shall be guilty of an
infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars, or
a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars,
or by imprisonment in the county jail for a period not exceeding six months or by both
such fine and imprisonment. Any person who violates this section shall be subject to
administrative fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of
this Code.
(d) The remedies provided in this section are not exclusive, and nothing in this
section shall preclude the use or application of any other remedies, penalties or
procedures established by law.
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SECTION 6. Santa Monica Municipal Code Section 3.24.089 is hereby added to
read as follows:
3.24.089 Duty to Report Theft or Loss of Firearms.
Any person who owns or possesses a firearm (as defined in Penal Code Section
16520 or as amended) in the City shall report the theft or loss of the firearm to the Police
Department within forty-eight hours of the time he or she knew or reasonably should have
known that the firearm had been stolen or lost, whenever: (1) the person resides in the
City of Santa Monica; or (2) the theft or loss of the firearm occurs in the City of Santa
Monica.
SECTION 7. Santa Monica Municipal Code Section 3.24.090 is hereby added to
read as follows:
3.24.090 Safe Harbor of Firearms.
(a) Any resident of the City, who is 18 years of age or older, and who has
reason to believe that another person who resides in the same residential unit may
present an immediate danger to themselves or any other person may voluntarily commit
any firearms kept in that residence to the Police Department for safekeeping by contacting
the Police Department and arranging for the commitment; this does not authorize any
person to appear in person at the Police Department or any City facility with a firearm
without having made prior arrangements with the Police Department. The Police
Department shall not inquire or request the name of the person believed to be a danger
for the voluntary commitment. The Police Department may reject a voluntary commitment
if the Chief of Police determines there is insufficient secure space available for storage.
(b) The Police Department shall return any committed firearms to the owner
upon request and proof of ownership.
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(c) Any committed firearms that the Chief of Police determines to be illegal to
own, or possessed by, the person requesting their return shall not be returned unless the
requester demonstrates that the requestor, or a party on behalf of the requester, may
lawfully own or possess the firearm. Any person with a legal interest in a firearm held
pursuant to this section, may petition a court for the return of said firearm within 90 day
of the Chief of Police’s written determination that it is illegal for the requester to own or
possess a firearm committed under this section.
(d) Committed firearms shall be held for a period not to exceed 180 days,
unless the owner for the firearms requests an extension of the voluntary commitment in
writing for up to one additional 180 day period.
(e) Any firearms that remain unclaimed following the time periods specified in
this section, or are determined to be illegal to possess by the person claiming to be the
owner, shall be destroyed without compensation or cost to the person claiming to be the
owner or any other person.
(f) The Police Department is authorized to establish a records retention policy
for voluntary commitment documents in a manner consistent with all applicable law,
including, but not limited to, the California Public Records Act. Any such policy shall
require the destruction of any records pertaining to a voluntary commitment as soon as
permissible under applicable law and shall protect such records from disclosure to the
greatest extent permitted under applicable law. The Police Department shall retain
records documenting the destruction of any firearms, noting only the dates of
commitment, time expirations, illegal status, serial numbers and firearm descriptions, and
the fact of destruction.
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(g) The Police Department shall prepare and make available regulations and
forms to implement this section.
SECTION 8. Santa Monica Municipal Code Section 3.24.091 is hereby added to
read as follows:
3.24.091 Privately Manufactured Weapons.
(a) It is the purpose and intent of this section that possession, purchase, sale,
receipt, and transportation of non-serialized, unfinished frames, and unfinished receivers,
which are then converted into privately manufactured non-serialized firearms within the
City of Santa Monica be regulated for the protection, health, and welfare of the public, to
further effective law enforcement, and to provide the City with reasonable measures to
address the dangers to the community posed by non-serialized privately manufactured
firearms, commonly known as “ghost guns.” This section is intended to be applied and
interpreted consistent with state and federal law, as may be amended.
(b) Definitions. For the purposes of this section, the following definitions apply:
(1) Federal Firearms Importer means a licensed firearm importer as
defined in 18 U.S.C. § 921(a)(9), as may be amended.
(2) Federal Firearms Manufacturer means a licensed firearms
manufacturer as defined in 18 U.S.C. § 921(a)(10), as may be amended.
(3) Firearm has the same meaning as in California Penal Code Section
16520(a), as may be amended.
(4) Frame means the primary structural component of a firearm to which
the fire control components are attached.
(5) Non-serialized firearm means a firearm that is either: (a) not
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imprinted with a serial number issued to that firearm by a Federal Firearms
Importer or Federal Firearms Manufacturer in compliance with federal law; or (b)
not engraved or permanently affixed with a serial number provided by the
California Department of Justice for that firearm.
(6) Receiver means the primary structural component of a firearm to
which the fire control components are attached.
(7) Unfinished Frame means a piece of any material that does not
constitute the completed frame of a firearm, but that has been shaped or formed
in any way for the purpose of becoming the frame of a firearm, and which may be
made into a functional frame of a firearm through milling, drilling, or other means.
(8) Unfinished Receiver means a piece of any material that does not
constitute the completed receiver of a firearm, but that has been shaped or formed
in any way for the purpose of becoming the receiver of a firearm, and which may
be made into a functional receiver of a firearm through milling, drilling, or other
means.
(c) Prohibition Regarding Unfinished Frames or Unfinished Receivers. It is
unlawful for any person to:
(1) Possess, purchase, transport, or receive an unfinished frame or
unfinished receiver, unless the unfinished frame or unfinished receiver is imprinted
with a serial number issued to that unfinished frame or unfinished receiver by a
Federal Firearms Importer or Federal Firearms Manufacturer, or engraved or
permanently affixed with a serial number provided by the California Department of
Justice for that unfinished frame or unfinished receiver.
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(2) Sell, offer to sell, transfer, or offer to transfer an unfinished frame or
unfinished receiver, unless the unfinished frame or unfinished receiver is imprinted
with a serial number issued to that unfinished frame or unfinished receiver by a
Federal Firearms Importer or Federal Firearms Manufacturer, or engraved or
permanently affixed with a serial number provided by the California Department of
Justice for that unfinished frame or unfinished receiver.
(3) Exceptions. The prohibitions in Section 3.24.091(c)(1)-(2) shall not
apply to:
(i) a Federal Firearms Importer or Federal Firearms Manufacturer; or
(ii) an employee or sworn peace officer of a local, state, or federal
law enforcement agency if the employee or sworn peace officer is acting
within the scope of official duties; or
(iii) a common carrier licensed or regulated under state or federal law
or an authorized agent of a common carrier when acting in the course and
scope of duties incident to the receipt, processing, transportation, or
delivery of property.
(d) Prohibition Regarding Non-Serialized Firearms. It is unlawful for any person
to possess, purchase, transport, receive, sell, offer to sell, transfer, or offer to transfer a
non-serialized firearm.
(1) Exceptions. The prohibitions in Section 3.24.091(d) shall not apply
to:
(i) an employee or sworn peace officer of a local, state, or federal law
enforcement agency if the employee or sworn peace officer is acting within
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the scope of official duties;
(ii) a common carrier licensed or regulated under state or federal law
or an authorized agent of a common carrier when acting in the course and
scope of duties incident to the receipt, processing, transportation, or
delivery of property;
(iii) a non-serialized firearm that has been rendered permanently
inoperable;
(i) A non-serialized firearm that is an antique firearm as defined
in Penal Code Section 16170, as may be amended;
(ii) A non-serialized firearm that is a collector’s item, curio, or relic
under state or federal law;
(iii) A non-serialized firearm manufactured or assembled prior to
1968; or
(iv) A non-serialized firearm that has been entered into a
centralized federal or state registry as being owned by a specific
individual or entity if that firearm has been assigned to it a
distinguishing number or mark of identification.
(e) Compliance with Penal Code Section 29180, as may be amended, shall be
an affirmative defense to a violation of Section 3.24.091(d)
(f) Any person who violates any provision of this section shall be guilty of an
infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars, or
a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars,
or by imprisonment in the county jail for a period not exceeding six months, or by both
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such fine and imprisonment. Any person who violates this section shall be subject to
administrative fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of
this Code.
(g) The remedies provided in this section are not exclusive, and nothing in this
section shall preclude the use or application of any other remedies, penalties or
procedures established by law.
SECTION 9. Santa Monica Municipal Code Section 3.24.091 is hereby added to
read as follows:
3.24.091 Severability
If any section, subsection, sentence, clause, or phrase of this Chapter is for any
reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Chapter. The Council hereby declares that it would have passed this Chapter and each
and every section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion of the ordinance would be
subsequently declared invalid or unconstitutional.
SECTION 10. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
affect the provisions of this Ordinance.
SECTION 11. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
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portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 12. The Mayor shall sign, and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall take effect 30 days
from its adoption.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
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